Okenfenokee Humane Society accused of cutting corners

Ware County's Humane Society created a new board in January to replace one that was no longer active. But in getting there, the group's leaders appear to have cut a few corners.

According to bylaws in effect at the time, the Okefenokee Humane Society board should have been elected by its membership at a public meeting.

But leaders never rebuilt the membership needed to legitimately elect a board, and there was no public notice of the January meeting at which they were installed.

"Ughh! It's just the same old [thing]," said Sarah Whittaker, a long-time volunteer who had wanted to become a member and vote. "This is our money that we are paying to the county to give to the Humane Society. It is a public service to us. It's not a private company."

Ware County provides nearly all the Humane Society's income, $144,000 per year, to shelter strays. Up until July, the Humane Society also performed animal control for Waycross and Ware County.

The lack of public accountability became an issue nearly two years ago.

At that time, former Humane Society employees told county commissioners pets from poor and African-American neighborhoods were being euthanized without waiting the standard seven days.

In investigating that complaint, the county learned the Humane Society did not have an active board to enforce policy.

To resolve shelter complaints, Humane Society president Millie Hopkins accepted the resignation of the shelter director. The county also asked the group to reorganize and hold publicly advertised meetings, a legal requirement when a nonprofit is funded by taxpayer dollars, according to County Attorney Huey Spearman.

Humane Society lawyer Vincent Settle told commissioners new board members would be elected by the organization's general membership at an annual public meeting in January 2009, in accordance with the corporation's bylaws.

Whittaker wanted to join but said she could never learn how.

She asked to become a member, but newly hired shelter director Lori Hartmann told her to wait for an upcoming membership drive. She gave Hartmann the names of 50 people who asked for more information about the organization and four who offered to serve on the board.

County commissioners also said they had five people willing to serve.

Hartmann says she designed a membership sign-up form and e-mailed it to the board in September 2008, but never got to use it because she was told the selection process was being changed.

Hartmann said she was told, "There wasn't going to be a membership anymore, so don't even offer it."

No one offered to update her or other would-be members on that new process.

The Humane Society's bylaws stated the annual meeting's "date, time and place [was] to be announced by published notice at least 15 days prior thereto in a daily newspaper of general circulation in the Okefenokee area."

But in response to an October 2009 open records request, Settle wrote, "There is no written notice or announcement record of the January 2009 meeting."

The bylaws also made it clear how one becomes a member, and who can vote.

To vote and make nominations, individuals have to become members and pay at least $15 annually to the society, the bylaws say.

Despite all the interest and ease of joining, in January 2009 only four members existed and only three were available to vote for the new nine-member board, according to Settle.

Under the bylaws, those elected weren't eligible for office.

"All nominees for officers or directors must have been voting members in good standing as of Dec. 31 preceding the annual meeting," the bylaws stated.

It's also unclear whether the three who voted for them were eligible to do so.

There's no record of the Humane Society's 2008 IRS income tax exemption form. But IRS forms from previous years showed that 2001 was the last time the group collected the dues that entitle members to vote.

The board's first official act was to pass new bylaws eliminating its members and their right to vote, according the January minutes. The new bylaws also say existing board members will select the replacements for those who leave. Hartmann asserts the reason was to keep people out.

Hartmann said the board wanted to ensure that people like former County Commissioner Louis Herrin, a critic of the society, and Whittaker were not part of the pool from which board members were selected.

County commissioners have said they get along with the new board. Three lawyers and a veterinarian are among those serving. Minutes show the board has met monthly since January.

Herrin also likes the new board members and sees improvement, but said business needs to be conducted openly.

"Their meetings need to be published in the paper, just like the Okefenokee Area Development Authority and the Downtown Waycross Development Authority," Herrin said.

Settle said he has advised the Humane Society board to advertise its meetings in the future.

The next one is scheduled for 7 p.m. today in the Ware County Courthouse's second floor conference room.

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